Patna High Court
Suresh Prasad Gupta vs The State Of Bihar on 10 October, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.184 of 2019
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Suresh Prasad Gupta Son of Harendra Prasad Gupta Resident of Village-
Sugaha Bhawaniupur, P.S.-Kangli, District-West Champaran at Present
President PACS, Sugaha Bhawanipur, Block-Sikta, West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Fodd and Civil Supply
Department, Govt. of Bihar, Patna
2. The District Magistrate, Bettiah, District-West Champaran.
3. The District Supply Officer, Bettiah, District-West Champaran.
4. The Sub-Divisional Officer, Narkatiaganj, District-West Champaran
5. The Sub-Divisional Welfare Officer, Narkatiaganj, District-West
Champaran.
6. The Executive Magistrate, Narkatiaganj, District-West Champaran.
7. The Block Supply Officer, Gaunaha, District-West Champaran
8. The Block Supply Officer, Lauria, Disrict-West Champaran.
9. The Block Supply Officer, Sikta, Distrct-West Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shashank Chandra, Advocate
For the Respondent/s : Mr.Mr S Raza Ahmad, AAG-5
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CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY
ORAL JUDGMENT
Date : 10-10-2025
1. The writ petition is filed for the following
reliefs:-
"For issuance of a Writ in the
nature of a Writ of certiorari, or any
other appropriate Writ order, direction
quashing the order contained in Memo
No.571 dated 13.10.2018 (Annexure-7),
issued by the Respondent No.4. By the
Patna High Court CWJC No.184 of 2019 dt.10-10-2025
2/4
impugned order dated 13.10.2018 the
Respondent No.4, has again affirmed his
previous order of cancellation of PDS
License of the PACs of the Petitioner
contained in Memo No. 1080 dated
02.05.2017
(Annexure-3), on the basis of
the allegations levelled against the
Petitioner in an Enquiry which was
conducted behind the back of the
Petitioner and also without giving an
opportunity to the Petitioner to rebut the
allegation levelled in the Enquiry Report
dated 19.09.2017, by supplying him a
copy of the said Report. The Petitioner
further prays for issuance of a
consequential Writ of mandamus
commanding the Respondents to
forthwith revoke the order cancelling the
license of the Public Distribution Shop of
the PACs of the Petitioner and to resume
the supply of the essential commodities
forthwith and to act strictly in
accordance with law."
2. At this juncture, the Learned counsel for
the respondents contended that Section 32(iii) of the
Bihar Targeted Public Distribution System (Control)
Patna High Court CWJC No.184 of 2019 dt.10-10-2025
Order, 2016 provides for the provision of appeal.
Section 32(iii) read as follows:
"32 (iii). Any person aggrieved by an order of
the licensing authority denying the issue or renewal
of the license to the fair price shop owner or
cancellation of the license may appeal to the District
Officer within thirty days of the date of receipt of the
order and the District Magistrate shall, as far as
practicable, dispose the appeal within a period of
sixty days."
3. Admittedly, from the reliefs prayed for in
the writ petition, it is evident that the petitioner has
an alternative remedy of appeal available under
Section 32(iii) of the Bihar Targeted Public
Distribution System (Control) Order, 2016.
4. The Learned counsel for the petitioner
contended that he intends to file an appeal before
the concerned District Magistrate, but the limitation
period for filing the appeal has lapsed. He prayed for
a direction to the concerned District Magistrate to
entertain the appeal in accordance with Section 5 of
the Limitation Act.
Patna High Court CWJC No.184 of 2019 dt.10-10-2025
5. Taking into consideration that the
petitioner has an alternative remedy for filing an
appeal, the writ petition is disposed of with a
direction to the petitioner to file an appeal within
four weeks from the date of receipt of this order
before the concerned District Magistrate. The delay
in filing the appeal shall be condoned by the District
Magistrate, and the authority shall dispose of the
appeal within three months from the date of filing of
the appeal.
6. With the above said observation, the Writ
petition is disposed of.
7. Interlocutory Application(s), if any, shall
stand disposed of.
(G. Anupama Chakravarthy, J)
vinita/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.10.2025
Transmission Date
